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Senate repeals 'don't ask, don't tell' ban on gays in military

Obama to fulfill his pledge to lift ban on gays in the military

By Carl Hulse New York Times

Posted:
12/19/2010 12:01:00 AM CST

WASHINGTON — The Senate on Saturday struck down the Pentagon ban on gay men and lesbians serving openly in the military, closing a 17-year struggle over a policy that forced thousands of Americans from the military and caused others to keep secret their sexual orientation.

By a vote of 65-31, with eight Republicans joining Democrats, the Senate approved and sent to President Barack Obama a repeal of the Clinton-era law known as "don't ask, don't tell," a policy critics said amounted to government-sanctioned discrimination that treated gay and lesbian troops as second-class citizens.

Obama hailed the action, which fulfills his pledge to reverse the ban.

"As commander in chief, I am also absolutely convinced that making this change will only underscore the professionalism of our troops as the best-led and best-trained fighting force the world has ever known," Obama said in a statement after the Senate, on a 63-33 vote, beat back Republican efforts to block a final vote on the repeal bill.

The vote marked a historic moment that some equated with the end of racial segregation in the military. It followed a review by the Pentagon that found little concern in the military about lifting the ban and was backed by Pentagon officials as a better alternative to a court-ordered end.

Supporters of the repeal said it was long past time to end what they saw as an ill-advised practice that cost valuable personnel and forced troops to lie to serve their country.

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"We righted a wrong," said Sen. Joseph Lieberman, I-Conn., who led the effort to end the prohibition on gays in the military. "Today, we've done justice."

Before voting on the repeal, the Senate blocked a bill that would have created a path to citizenship for certain illegal immigrants who came to the United States at a young age, completed two years of college or military service and met other requirements including passing a criminal background check.

The 55-41 vote in favor of the bill was five votes short of the number needed to clear the way for final passage of what is known as the DREAM Act. The outcome effectively kills it for this year, and its fate beyond that is uncertain because Republicans who will assume control of the House in January oppose the measure and are unlikely to bring it to a vote.

Before advancing the repeal legislation, the Senate engaged in an emotional back and forth over the merits of the measure as repeal advocates watched from galleries crowded with people interested in the fate of both the military and immigration measures.

"I don't care who you love," Sen. Ron Wyden, D-Ore., said as the debate opened. "If you love this country enough to risk your life for it, you shouldn't have to hide who you are."

Wyden showed up for the Senate vote despite saying Friday that he would be unable to do so because he would be undergoing final tests before his scheduled surgery for prostate cancer Monday.

Activists said it represented an emotional moment for members of the gay community nationwide. Activists hugged outside the Senate chambers following the vote.

"Today's vote means gay and lesbian service members posted all around the world can stand taller knowing that 'don't ask, don't tell' will soon be coming to an end," said Aubrey Sarvis, an Army veteran and executive director of Servicemembers Legal Defense Network.

Sen. John McCain, the Arizona Republican and the party's presidential candidate in 2008, led the opposition to removing the repeal and said the vote marked a sad day in history.

"I hope that when we pass this legislation that we will understand that we are doing great damage," he said. "And we could possibly and probably, as the commandant of the Marine Corps said, and as I have been told by literally thousands of members of the military, harm the battle-effectiveness vital to the survival of our young men and women in the military."

Sen. Harry Reid of Nevada, the majority leader and crucial proponent of the repeal, noted that some Republicans had indicated they may try to block Senate approval of a nuclear-arms treaty with Russia because of their pique over the Senate action on the ban on gays in the military.

"How's that's for statesmanship?" Reid said.

Opponents of the change noted that despite support for repealing the ban from Defense Secretary Robert Gates and Adm. Mike Mullen, chairman of the Joint Chiefs of Staff, other military commanders have warned that changing the practice would prove disruptive.

"This isn't broke," Sen. James Inhofe, R-Okla., said of the policy. "It is working very well."

Other Republicans said that while the policy might need to be changed at some point, Congress should not intrude on the issue now when U.S. troops are fighting overseas.

"In the middle of a military conflict is not the time to do it," said Sen. Saxby Chambliss, R-Ga.

Only a week ago, the effort to repeal the "don't ask, don't tell" policy seemed to be dead with Republicans about to take control of the House. The provision eliminating the ban was initially included in a broader Pentagon policy bill, and Republican backers of repeal had refused to join in cutting off a filibuster against the underlying bill because of objections over the ability to debate the measure.

In a last-ditch effort, Lieberman and Sen. Susan Collins, a key Republican opponent of the ban from Maine, encouraged Democratic congressional leaders to instead pursue a vote on simply repealing the ban. The House passed the measure last week.

The repeal would not take effect for at least 60 days while some other procedural steps are taken. In addition, the bill requires the defense secretary to determine that policies are in place to carry out the repeal "consistent with military standards for readiness, effectiveness, unit cohesion, and recruiting and retention."